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View Poll Results: Can a felon own a muzzleloader?

Voters

93. You may not vote on this poll

Yes, it's settled law in Oklahoma; they can, including smokeless MLs requiring NICS

Re: Can a convicted former felon own/possess a muzzleloader?

"Rifles" as used in the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title, shall mean any firearm capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than sixteen (16) inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include archery equipment, flare guns or underwater fishing guns. In addition, any rifle capable of firing "shot" but primarily designed to fire single projectiles will be regarded as a "rifle".

Re: Can a convicted former felon own/possess a muzzleloader?

I know that FEDERAL law does not consider muzzleloaders to be "firearms", but don't know about state law.

If you know the answer, then are airguns in the same or a different boat as muzzleloaders?

Yes, I have a friend of a friend who would like to hunt....completely non-violent conviction, BTW, and debt to society paid in full.

Is the conviction was in Oklahoma, and his behavior has been good since, he might try to get his gun rights restored. Many states have mechanisms in place to do just that, especially for non-violent felons.
My suggestion would be to talk to an attorney.

Re: Can a convicted former felon own/possess a muzzleloader?

That's for purposes of THOSE sections as it says; wonder about "for other purposes" though, such as the statute preventing felons from possessing firearms, that aren't part of the Oklahoma Firearms Act of 1971, in that section of title 21.

Also, oddly enough, what if you cut your ML barrel down to 15", then it wouldn't be a "rifle" under that definition, so then what is it? And yet still not violative of any law perhaps.... Is a short-barreled (<16") muzzleloader legal without an SBR stamp under federal law? If it's legal, then you could maybe make an end run around the rifle definition - But, it still may be a "firearm" anyway, notwithstanding that it's not a "rifle".

City ordinances in my experience tend to define firearms very broadly, and includes MLs and even airguns. But we're talking state, not city or federal definitions here.

It's not a firearm.

What's your basis for saying that, Code 3?

We know that under FEDERAL law, it's not, and neither is a cartridge arm manufactured prior to 1898 considered to be a "firearm" under FEDERAL law. But we've got both federal AND state law prohibiting felons from owning "firearms", so we have to comply with the most restrictive definition. If the state definition of firearm is more restrictive than the federal definition, we have to follow state, because you have to follow all laws, and the federal laws don't supersede unless preemption takes place where the fedgov intends to occupy the entire field of regulation; in the case of firearms, they don't. There are many supplemental state laws on the subject of guns.

Can a felon carry around a pre-1898 OR an ML freely when hunting? It would seem odd that they be able to use an 88 commission rifle or similar, of "modern" construction, but federal law puts them in the same category. It would certainly be nice if the friend of a friend could hunt with both ML and something like a commission rifle during gun season!

Sure wish I could come up with a clear answer to this. Bah.. The poll results are interesting. I voted No idea, obviously. The 5 people purporting to know, please expand (except for the 1 gray area voter). Thanks.

made full circle back in the kiamichi mountains in the great town of albion okla

Age

46

Posts

799

Re: Can a convicted former felon own/possess a muzzleloader?

a friend of mine was convicted of a non violant crime. he served his full sentence including parol without any problems.his lawer told him after 7 years with out any problems no tickets or anything that he could go before the court system and get his gun rights back.he went back to the court last spring and got his rights back.he said he used his original lawer that knew his history.the only expense he was out was lawer fees for assisting him.

Re: Can a convicted former felon own/possess a muzzleloader?

Above I said:

and neither is a cartridge arm manufactured prior to 1898 considered to be a "firearm" under FEDERAL law.

But that is not really correct. The federal law defines such as "Antique Firearms" - NOT "non-firearms". They are exempt from most (all?) regulation, such as GCA 68, but that doesn't make them not "firearms". Sigh.

And I'm not even 100% certain that my assertion that "muzzleloaders are not firearms under federal law" is correct - so I'm pretty much back to square one.